- 1 - NC: 2025:KHC-D:1029 RPFC No. 100025 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100025 OF 2023 (-) BETWEEN: SHRI. VINAYAK S/O. BASSU PAWAR URF GADIWADDAR, AGE: 38 YEARS, OCC: NIL, R/O: ‘F’ BLOCK, FLAT NO.103, AKSHAY PARK, GOKUL ROAD, HUBBALLI - 580030 …PETITIONER (BY SRI. SANTOSH D. NARGUND, ADVOCATE) AND: 1. SMT. SHILPA W/O. VINAYAKA PAWER URF GADIWADDAR AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O: HEMAREDDY MALLAMMAN COLONY, OLD HUBBALLI, HUBBALLI – 580024. 2. KUMAR SIDDHARTH S/O. VINAYAKA PAWAR ALIAS GADIWADDAR, AGE ABOUT 10 YEARS, OCC: STUDENT. 3. KUMARI SANNIDHI D/O. VINAYAKA PAWAR ALIAS GADIWADDAR, AGE: ABOUT 7 YEARS, RESPONDENT NO.2 AND 3 SINCE MINORS REPRESENTED BY THEIR NATURAL FATHER GUARDIAN RESPONDENT NO.1 …RESPONDENTS MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:01:25 +0530 - 2 - NC: 2025:KHC-D:1029 RPFC No. 100025 of 2023 THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER PASSED IN CRL. MISC.NO.379/2021 PASSED BY THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, DATED 13.05.2022, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the petitioner. Respondent served and remained absent. 2. This petition is filed by the respondent in Criminal Miscellaneous No.379/2021, challenging the order dated 13.05.2022 on the file of Principal Judge, Family Court, Hubballi, (for short, hereinafter referred to as ‘Family Court), awarding maintenance to the respondents herein. 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 4. It is the case of the petitioners before the Family Court that the marriage between the petitioner No.1 with the respondent was solemnized on 08.07.2011 at Nagarkoppa, Mishrikoti, and in their wedlock petitioner Nos.2 and 3 were - 3 - NC: 2025:KHC-D:1029 RPFC No. 100025 of 2023 born. It is further stated in the claim petition that the respondent was not taking care of needs of the petitioners and having not tolerating the inhuman treatment, petitioners have left the matrimonial home. It is also stated in the petition that the petitioner Nos.2 and 3 were studying 4th standard and LKG respectively and therefore, the petitioners have sought for maintenance in Criminal Miscellaneous No.379/2021. 5. The respondent remained absent before the Family Court. 6. The Family Court after considering the material on record by its order dated 13.05.2022 directed the respondent- husband to pay monthly maintenance of Rs.7,000/- to the petitioner No.1 and Rs.3,500/- each to the petition Nos.2 and 3. Feeling aggrieved by the same, the respondent-husband has field this petition. 7. Sri. Santosh D. Naragund, learned counsel appearing for the petitioner contended that fair opportunity was not extended to the petitioner herein and therefore, sought for interference of this Court. 8. Having taken note of the factual aspect on record it is not in dispute with regard to the relationship between the - 4 - NC: 2025:KHC-D:1029 RPFC No. 100025 of 2023 parties. It is also to be noted that as the petitioner Nos.2 and 3 before the Family Court were arraigned as respondent in this Revision Petition stating that the respondent Nos.2 and 3 are represented by a natural guardian-mother (respondent No.1) and same would demonstrates that the children are residing with the mother. In the backdrop of these aspects since, the petitioner herein has stated that fair opportunity has not be extended to the petitioner herein, however, paragraph No.16 in Criminal Miscellaneous No.379/2021 stated that despite the service of notice the petitioner herein has failed to appear before the Family Court, I am of the opinion that it is a fit case to remand the matter to the Family Court to dispose off the petition after affording opportunity to petitioner herein. It is also made clear that the petitioner herein shall appear before the Family Court after receipt of the notice from the Family Court and till the conclusion of the proceedings before the Family Court, petitioner herein shall pay the monthly maintenance of Rs.7,000/- to the petitioner No.1 and Rs.3,500/- each to the petitioner Nos.2 and 3 without fail and if, the petitioner herein fails to pay the arrears of maintenance if any, the Family Court is directed to take note of the same - 5 - NC: 2025:KHC-D:1029 RPFC No. 100025 of 2023 seriously as to conduct of the petitioner herein and to dispose off the petition in accordance with law. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 24